The Texas Court of Criminal Appeals rejected arguments from Travis County prosecutor Ronnie Earle that it had grounds to indict DeLay and two co-defendants on a charge of conspiracy to violate campaign finance laws in 2002 state legislative elections.

A state district judge threw out that charge after defense lawyers argued that the law DeLay is accused of violating in 2002 wasn't written until 2003.

A regional appeals court upheld the judge's decision. Prosecutors appealed to the state's highest criminal appeals court, a Republican-controlled panel that ruled 5-4 in favor of DeLay and co-defendants John Colyandro and Jim Ellis.